Treasonous Officer Just Can't Keep His Mouth Shut

[Dos Equis]

Can't imagine what the unborn child post could have otherwise been about...

I myself believe that killing is wrong... on all counts.

If someone were to do something to one of my children... would I kill them... I don't know, maybe, but I would still be wrong.

Something is not "right", just because i choose to do it.

You made the statement that "killing is wrong."  I responded with "unless it's an unborn child."  My statement was directed to how some believe killing is wrong, unless the kid happens to be in the womb.  My (obviously failed) attempt to highlight a contradiction in the entire abortion discussion.  I should have clearly stated I wasn't talking about your personal views on abortion.  Like I said, I don't know your abortion views.  (I cannot remember if we have discussed abortion before?)

[tu_holmes]

You made the statement that "killing is wrong."  I responded with "unless it's an unborn child."  My statement was directed to how some believe killing is wrong, unless the kid happens to be in the womb.  My (obviously failed) attempt to highlight a contradiction in the entire abortion discussion.  I should have clearly stated I wasn't talking about your personal views on abortion.  Like I said, I don't know your abortion views.  (I cannot remember if we have discussed abortion before?)

I'm sure we did not.

[Dos Equis]

I'm sure we did not.

Right.  Which explains why I don't know your views on abortion. 

[Dos Equis]

See last paragraph.  Sitting on his cowardly butt, at home, while his soldiers are dodging bullets.   

Watada changes attorneys for appeal
The new attorneys also question the need for a retrial
By Gregg K. Kakesako
gkakesako@starbulletin.com
Honolulu-born Army 1st Lt. Ehren Watada, who refused to deploy to Iraq last summer with his Fort Lewis Stryker brigade unit, has hired two Seattle attorneys because he wanted "someone local to do his appeal."

Since the mistrial, the Army has refiled charges against the 28-year-old artillery officer, including one count of missing a movement and two counts of conduct unbecoming of an officer. Those counts cover statements Watada, a 1996 Kalani High School graduate, made criticizing the Iraq war and President Bush.

Watada's first court-martial in February ended in a mistrial. His second trial is scheduled for July but could be pushed into the fall.

With Army 1st Lt. Ehren Watada awaiting a second trial, his new lawyer said he believes the principle of double jeopardy applies in his case.

Ken Kagan, attorney with the Seattle law firm of Carney Bradle Spellman, said yesterday that his agency filed papers with the Army on March 28, saying it had replaced Honolulu attorney Eric Seitz.

Seitz said Watada, 28, simply "wanted someone local to do his appeal," and expressed no hard feelings for his former client's decision.

"My staff is very relieved because we were spending so much time and money on the case," he said.

Kagan, one of two attorneys retained by Watada, declined to say why his law firm was hired or whether it was being paid. The other attorney is James Lobsenz, from Kagan's law firm.

Kagan said that Army Reserve Capt. Mark Kim, who is also an administrative judge in Spokane, Wash., will continue as part of Watada's defense team and will be recalled to active duty when the hearings and trial resume.

Seitz had been handling Watada's court-martial for free, except for travel expenses. A mistrial was declared in early February, three days after the court-martial began.

Kagan said that "the first determination that has to be made now is whether it is appropriate to have a second trial. So that's our focus right now."

A military judge set April 23 as the deadline for both sides to submit written motions, May 21-22 to hear pretrial motions and July 16 as the date for the second court-martial.

However, Kagan said his law firm has asked for more time to review the transcript of the first court-martial, which could push the trial into October.

Following the mistrial, the Army refiled charges against the 28-year-old artillery officer, including one count of missing a movement and two counts of conduct unbecoming of an officer. Those counts cover statements the 1996 Kalani High School graduate made criticizing the Iraq war and President Bush. Conviction on all counts could mean nearly eight years in prison and a dishonorable discharge.

A military judge ordered a mistrial because he believed Watada did not fully understand a pretrial agreement. That deal would have cut Watada's sentence to four years.

Watada's unit -- 3rd Brigade, 2nd Infantry Division -- is expected to return to its Fort Lewis, Wash., Army post from Baghdad, Iraq, this summer.

Kagan said Watada, who was eligible to leave the Army in early December under the terms of commission, has not been incarcerated since the mistrial and is assigned to a desk job.

http://starbulletin.com/2007/04/06/news/story03.html

[Dos Equis]

 

No double jeopardy deemed for Watada
The officer's father says the ruling was 'fully expected'

By Helen Altonn / haltonn@starbulletin.com
The judge who declared a mistrial in the court-martial of 1st Lt. Ehren Watada has ruled that retrying him won't violate his constitutional right not to be prosecuted again for a crime of which he has been acquitted.

Watada, 29, refused to be deployed to Iraq with his unit last year.

Watada's lawyers filed notice they will appeal the double jeopardy ruling to the Army Court of Criminal appeals in Arlington, Va.

The developments are likely to delay the start of Watada's second trial, which had been scheduled to begin July 23.

Watada, who is based at Fort Lewis in Washington state, continues to perform administrative duties.

Honolulu attorney Eric Seitz, who was Watada's defense lawyer until March, said yesterday he wasn't surprised at Lt. Col. John Head's ruling at a pretrial hearing Friday.

"I would expect they (the appeals court) would take the issues far more seriously than Judge Head is capable of doing. I would never expect Judge Head to reverse himself but would certainly expect the Appellate Court to do that," Seitz said. "He was not the most competent judge I've met in my life."

The military judge declared a mistrial when he presided over the first trial in February. Head questioned whether Watada fully understood a document he signed admitting to elements of the charges against him.

Watada said he understood what he signed but wasn't admitting guilt because he believed he had a defense -- that the war was illegal.

Prosecutors argued that the Hawaii-born Army officer abandoned his soldiers and disgraced himself and the service by accusing the Army of war crimes and denouncing the Bush administration as conducting an illegal war based on lies.

If convicted, he could be sentenced to prison for six years and be dishonorably discharged.

Seitz said after Head declared a mistrial that a second trial would amount to double jeopardy.

Watada hired Kenneth Kagan and James Lobsenz as his new lawyers in March, saying he wanted local representation for his appeal.

Kagan argued Friday that Head should step away from the case because the judge has created the impression that his mind is made up on some issues.

Head denied he has any preconceived notions and refused to disqualify himself from the case. He is expected to give a written decision early this week.

The judge is also expected to rule on the admissibility of evidence, including whether Watada may call witnesses to testify about he legality of the war.

"My own assessment is that it (the military court proceeding) was very much like a Salem witch trial," Ehren's father, Robert Watada, told the Star-Bulletin yesterday by telephone . "We fully expected this."

He said the judge denied most of the defense team's motions. "He hasn't ruled on some motions, but we expect him to deny all motions," including free speech motions, Watada said. "Basically, the judge said the military has a different set of standards under the law."

A new court-martial date hasn't been set but probably will be in October, Watada said.

Robert Watada said he and his wife, Carolyn Ho, sold their Honolulu home and moved to a farm in Pleasant Hill, Ore., about two months ago.

http://starbulletin.com/2007/07/08/news/story03.html

[tu_holmes]

I think the longer this goes on and the longer the US position in Iraq continues to be "negative", then the better his chances of acquittal are.

[Dos Equis]

I think the longer this goes on and the longer the US position in Iraq continues to be "negative", then the better his chances of acquittal are.

How so?  You think the military officers on his jury will acquit because of opinion polls? 

The judge has already ruled he cannot bring in "experts" to argue that the war is illegal.  It's a pretty simple case IMO.   

[tu_holmes]

How so?  You think the military officers on his jury will acquit because of opinion polls? 

The judge has already ruled he cannot bring in "experts" to argue that the war is illegal.  It's a pretty simple case IMO.   

Opinion goes a long way... Time will tell.

[headhuntersix]

It's to clear cut...it sets a bad example....I do think opinion will shape his punishment.

[Dos Equis]

It's to clear cut...it sets a bad example....I do think opinion will shape his punishment.

I sure hope not.  He needs to do some serious time, although I think he's only facing 4 or 5 years (something like that)?

[headhuntersix]

He needs to come here and clean my car.

[Tre]

I sure hope not.  He needs to do some serious time...

For actually STANDING for what America stands for???

You can't possibly be serious.

Or maybe you're just feeling rather un-American today. 

[headhuntersix]

Standing for what America stands for..heh? As a nation of laws..he violated the UCMJ on a number of counts..u could say that he was standing by his own moral code..but that won't keep u out of prison. Hell Ali went to prison rather then fight. Plus and to be honest..i don't believ he was making some stand on moral grounds.....he was a pussy pure and simple.

[Dos Equis]

He needs to come here and clean my car.

lol.  Fort Leavenworth is calling.   

[headhuntersix]

Headhuntersix needs his care cleaned....He'll only get here if he gets over 7 years otherwise its Knox or Sill

[Dos Equis]

For actually STANDING for what America stands for???

You can't possibly be serious.

Or maybe you're just feeling rather un-American today. 

Puh-leaze.  America doesn't stand for an officer joining the Army while we are at war and then sending his soldiers off to get shot at while he sits at home like a spineless coward spewing his anti-war crap.  He should have never signed up.  They need to make an example out of this fool.  He'll be joining headhunter at Fort Leavenworth soon.  

Here are the charges (I think):

Charge I: Violation of the UCMJ, Article 87
The specification: In that 1st Lt. Ehren Watada, U.S. Army, did, at or near Fort Lewis, Wash., on or about 22 June 2006, through design miss the movement of Flight Number (redacted), with which he was required in the course of duty to move.

Charge II: Violation of the UCMJ, Article 133
Specification 1: In that 1st Lt. Ehren Watada, U.S. Army, did, at or near Tacoma, Wash., on or about 7 June 2006, take part in a public press conference in which he communicated the following disgraceful statement, to wit: “It is my conclusion as an officer of the Armed Forces that the war in Iraq is not only morally wrong but a horrible breach of American law. ... As the order to take part in an illegal act is ultimately unlawful as well, I must as an officer of honor and integrity refuse that order. ... The wholesale slaughter and mistreatment of Iraqis is not only a terrible and moral injustice, but it’s a contradiction to the Army’s own law of land warfare. My participation would make me party to war crimes,” or words to that effect, his statement bringing dishonor to the Armed Forces.

Specification 2: In that 1st Lt. Ehren Watada, U.S. Army, did, at or near Tacoma, Wash., on or about 7 June 2006, give a public interview in which he communicated the following disgraceful statement, to wit: “I could never conceive of our leader betraying the trust we had in him. ... As I read about the level of deception the Bush administration used to initiate and process this war, I was shocked. I became ashamed of wearing the uniform. How can we wear something with such a time-honored tradition, knowing we waged war based on a misrepresentation and lies? It was a betrayal of the trust of the American people. And these lies were a betrayal of the trust of the military and the soldiers. ... But I felt there was nothing to be done, and this administation was just continually violating the law to serve their purpose, and there was nothing to stop them. ... Realizing the President is taking us into a war that he misled us about has broken that bond of trust we had. If the President can betray my trust, it’s time for me to evaluate what he’s telling me to do,” or words to that effect, his statement bringing dishonor to the Armed Forces.

Specification 3: In that 1st Lt. Ehren Watada, U.S. Army, did, at or near Tacoma, Wash., on or about 7 June 2006, give a public interview in which he communicated the following disgraceful statement, to wit: “I was shocked and at the same time ashamed that Bush had planned to invade Iraq before the 9/11 attacks. How could I wear this honorable uniform no knowing we invaded a country for a lie?,” or words to that effect, his statement bringing dishonor to the Armed Forces.

http://blogs.thenewstribune.com/military?title=full_text_of_watada_charges&more=1&c=1&tb=1&pb=1

[OzmO]

For actually STANDING for what America stands for???

You can't possibly be serious.

Or maybe you're just feeling rather un-American today. 

when they join the military they take an oath to do what ever the COC tells them do.

they can still have opinion.  they just cannot act on it if they took the oath.

I support anything that is thrown at this this guy.

and you should be well aware of how much i am against this war.

[headhuntersix]

Further...would it not be better to at some point say...'I served...I hated it but I did my job and I believ its wrong"  etc etc etc...and attack the war with some credibility. Pussy...not morals or ethics...fucking puss.

[Dos Equis]

 

Lawyer seeks to delay Watada’s second court-martial
By Gregg K. Kakesako
gkakesako@starbulletin.com
Attorneys for 1st Lt. Ehren Watada filed a motion in federal court in Tacoma, Wash., yesterday requesting a postponement of his court-martial for refusing to go to Iraq last year.

Ken Kagan, one of two Seattle attorneys hired by the 29-year-old artillery officer, hopes to get a hearing on his request by tomorrow since Monday is Columbus Day, a federal holiday, and Watada's court-martial is slated to begin Tuesday at Fort Lewis.

Kagan believes Watada's second court-martial should not be held until a Washington, D.C., appeals court rules on its constitutionality.

"We believe we have a strong case, and are looking forward to litigating the double-jeopardy issue in federal court," Kagan said after the motion was filed.

Lt. Col. John Head, the military judge presiding over Watada's court-martial in February, declared a mistrial because he believed Watada did not understand the terms of a pretrial agreement. In July the same judge denied motions filed by Kagan to dismiss the case or to delay the court-martial until a judgment is rendered on Watada's double-jeopardy appeal.

"The Army or the government's position," Kagan said in a phone interview, "is that if he is convicted at trial, he always has a double-jeopardy issue pending a appeal.

"We take the position, as have most federal courts, that it's too late for that because the whole point of the double-jeopardy issue is that he shouldn't have to go through a trial a second time."

Kagan's first appeal before the Army Court of Criminal Appeals was denied in August. So Watada's case is now before the U.S. Court of Appeals for the Armed Forces in Washington, D.C.

"We may ultimately lose," Kagan said, "but the point is that it shouldn't go to trial before there has been a meaningful review."

Kagan said he does not see "any middle ground" on the case, which has been going on for 18 months. During that period, Watada's 3rd Stryker Combat Brigade, 2nd Infantry Division, has been deployed to Iraq and returned home. A welcoming ceremony is planned for today at the Seattle-area Army post.

Kagan said Watada is "cautious and is trying to remain optimistic."

Watada refused to join his unit when it left on June 22, 2006, because he believed that the war is illegal and immoral.

The mistrial centered on a pretrial agreement that would have cut Watada's sentence to four years. The mistrial occurred three days after the court-martial began and after the prosecution had rested its case, but before Eric Seitz, Watada's first civilian attorney, had presented any witnesses.

In a 12-page pretrial agreement, the Army dropped two charges of conduct unbecoming an officer in exchange for Watada's acknowledgment that he failed to deploy with his unit. He also acknowledged making public statements criticizing the Iraq war.

Watada is charged with missing a movement and conduct unbecoming of an officer. Those counts cover statements Watada made criticizing the Iraq war and President Bush. Conviction on all charges could mean nearly eight years in prison and a dishonorable discharge.

http://starbulletin.com/2007/10/04/news/story10.html

[Tre]

For those of you currently on active duty, are soldiers required by military law to follow 'direct orders' that are illegal?

[militarymuscle69]

which order was illegal? I know you aren't thinking the war, because I have yet to read the court documents in the illegal war case

[Dos Equis]

which order was illegal? I know you aren't thinking the war, because I have yet to read the court documents in the illegal war case

True.  I think he is precluded from arguing the war is illegal anyway. 


He is also charged with making public comments, including this one:

“It is my conclusion as an officer of the Armed Forces that the war in Iraq is not only morally wrong but a horrible breach of American law. ... As the order to take part in an illegal act is ultimately unlawful as well, I must as an officer of honor and integrity refuse that order. ... The wholesale slaughter and mistreatment of Iraqis is not only a terrible and moral injustice, but it’s a contradiction to the Army’s own law of land warfare. My participation would make me party to war crimes,” or words to that effect, his statement bringing dishonor to the Armed Forces.

[militarymuscle69]

True.  I think he is precluded from arguing the war is illegal anyway. 


He is also charged with making public comments, including this one:

“It is my conclusion as an officer of the Armed Forces that the war in Iraq is not only morally wrong but a horrible breach of American law. ... As the order to take part in an illegal act is ultimately unlawful as well, I must as an officer of honor and integrity refuse that order. ... The wholesale slaughter and mistreatment of Iraqis is not only a terrible and moral injustice, but it’s a contradiction to the Army’s own law of land warfare. My participation would make me party to war crimes,” or words to that effect, his statement bringing dishonor to the Armed Forces.

correct because while he is "honorable officer with great integrity" he is making unsupported claims of "wholesale slaughter and mistreatment of Iraqis"

[Dos Equis]

 

Posted on: Friday, October 5, 2007 2:54 PM HST
Judge blocks Watada's court-martial
Associated Press

TACOMA, Wash. >> A federal court judge has temporarily blocked a court-martial scheduled for an Iraq war objector based at Fort Lewis.
The court-martial of Army 1st Lt. Ehren Watada of Hawaii had been scheduled to start Tuesday. Watada’s lawyers argue the Army is violating his constitutional rights by trying him twice for the same crime.

Watada is charged with missing his unit’s deployment to Iraq in June 2006 and with conduct unbecoming an officer for denouncing President Bush and the war.

U.S. District Judge Benjamin Settle in Tacoma has decided his court has jurisdiction to issue the stay and that Watada’s double jeopardy claim is not frivolous. Now the judge has asked for more briefs by both sides on the issue.

http://starbulletin.com/breaking/breaking.php?id=6269

[Dos Equis]

 

Posted on: Wednesday, October 22, 2008

Army can't retry Watada for refusal to serve in Iraq war
Judge blocks Army from retrying war objector on three main allegations

Advertiser Staff and News Services

SEATTLE — A federal judge ruled late yesterday that the Army cannot retry 1st Lt. Ehren Watada, the Kalani High graduate who was the first commissioned officer to publicly refuse deployment to the war in Iraq, on the main charges against him.


Watada was charged with missing his Fort Lewis, Wash., Stryker brigade's deployment and with conduct unbecoming an officer after he refused to board a flight to the Middle East in June 2006.

The 30-year-old soldier contended that the war is illegal and that he would be a party to war crimes if he served in Iraq. His first court-martial ended in a mistrial in February 2007.

Watada's father, Bob, last night said, "It's obviously good news. It's very good news."

Bob Watada added that "we kind of expected this" because U.S. District Judge Benjamin H. Settle of Tacoma ruled in November 2007 that a second trial would violate Ehren's constitutional rights involving double jeopardy, or being tried twice for the same crime.

Settle at the time put in place a preliminary injunction temporarily halting a new court-martial.

Settle yesterday ruled that the government could not retry Watada on three of the charges because doing so would violate Watada's double jeopardy rights.

Settle barred the military from retrying Watada on charges of missing his deployment to Iraq, taking part in a news conference and participating in a Veterans for Peace national convention.

But the court did not rule out the possibility that the Army, after considering legal issues, could retry Watada on two counts of conduct unbecoming an officer resulting from his media interviews.

"He dismissed the heart of their case," Watada lawyer Jim Lobsenz said. "We're very pleased. It's taken a long time."

Honolulu attorney Eric Seitz, who previously represented Watada and was the first to raise the double jeopardy issue, said those two charges were dismissed in the first court-martial and that the Army believes that they "theoretically, hypothetically can be brought back, but I think there's going to be lots of problems."

"I don't think they can bring those back, either," Seitz said.

In a statement late yesterday, a Fort Lewis spokesman said the base's commanding general, Lt. Gen. Charles H. Jacoby Jr., had not yet had a chance to review the ruling in depth.

"Once that review is complete, he will be able to make a decision on the way forward with this case," the spokesman said.

The 1996 Kalani High graduate, stripped of his security clearance, still reports to a meaningless desk job at Fort Lewis, according to family. "He said he's counting paper clips," his father, Bob Watada, said in an interview last week.

"We talk every once in awhile. He lets me know that he's OK," said the father, who lives in Oregon. Bob Watada said his son's term of service in the Army ended in December 2006, but that the legal proceedings have prevented his discharge.

Bob Watada, a former Hawai'i Campaign Spending Commission executive director, said that even if the charges are dismissed, he's worried the Army might appeal the case all the way to the U.S. Supreme Court.

"The Defense Department has a lot of money (to pursue legal action)," Bob Watada said.

Many military members opined that Watada violated his oath as an officer, and that he had no right to decide whether the Iraq War was just or unjust.

http://www.honoluluadvertiser.com/article/20081022/NEWS01/810220382/1001